HOSPITAL BEQUESTS

Dominion, Volume 7, Issue 2258, 18 September 1914, Page 3

HOSPITAL BEQUESTS

0 BEQUESTS & SUBSIDIES LEGAL COMPLICATIONS A peculiar position in the law relating to bequests to hospitals has been disclosed in correspondence, which recently .passed between the Wellington Hospital Board and the Department of Public Health. Some week's ago the board was advised by the Public Trustee that the sum of £300 had been bequeathed to tho Hospital on certain conditions, and the board announced its acceptance of the.bequest. In due course the money was paid over, and application.' was made for the Government subsidy. It was then discovered that the money could not. legally be accepted under the particular conditions. The exact position will be. seen from the letters which passed between the secretary of the board (Mr. J. Coylo) and the Deputy InspectorGeneral of the Department (Dr. J. P. Frengley). Mr'. Coyle's letter was as follows:— "I have tho honour to advise you that my board. has received from the Public Trustee a bequest of £300 under the terms of the will of, William Wadham (deceased). The conditions of the gift'.am as follow:— ' ■ . . The trustees of the Wellington Hospital, in order to endow or set aside one, bed for the free use of , . the labouring hands of the Post • and Telegraph Stores at Wellington, ' who may be ill, and whose illness is not due to folly and in-''., discretion, and shall'be entitled to free use of this bed for one calendar month, after.which period the usual rates shall be paid.' Should more than one employee require . the bed at tho same time a pre- . t ference is to be given to the most serious case, and when not required by such employees, such bed may, be used by' the general patients of the Hospital. "As my board has accepted the bequest upon the above terms, I shall be glad to learn if the Government subsidy is obtainable thereon." The ireply received from Dr. Frengley ran as follows—J'With reference to your letter of tho 19th ult., asking whether, subsidy could upon a becjues't under the will s'bf the late William Wadham, I have to state that the trust itself is illegal,' and cannot be lawfully accepted :- v by the Hospital Board, and therefore vno subsidy can bo payable on it. . ; The acceptance of such a trust is in .dir.ect conflict;with the provisions of the' Hospitals and Charitable Institutions Act, as amended by Section 51 of'the Destitute Persons Act, 1910. This section provides that the cost of that 'relief in a hospital is a debt due to the Hospital ■ Board by tho person ■ maintained, and by certain of his relatives. Free treatment is not only not provided for 1 by the Act, but is contrary to tho express "provisions of the Act. By Section 51 of the Hospitals and Charitable Institutions Act, 1909, it is provided that a board may accept any money, land, or property by way of bequest in trust for any purpose to which "the board can lawfully apply its own property. The board could not lawfully apply its own money in giving free'treatment to tho members of the Post and Telegraph Stores, and the board therefore cannot accept a bequest imposing any such obligation upon the board." • At yesterday's meeting of the Hospital.Board the correspondence was read,, and several',members commented on tho unsatisfactory legal position. Tho matter was referred' to the Finance and Policy Committee for action. ' '